Appeal No. 95-2765
Application 08/025,474
developing agents. It is also important to note, at the outset,
that the claimed baths are to be used for black-and-white
development of a negative-type silver halide photographic
element.
Kojima discloses developer baths and developer prebaths
for the development of a direct positive image, not for the
development of a negative-type silver halide photographic element
as claimed. However, the discovery of a new use of a previously
known composition, even when that use is unobvious from the prior
art, cannot impart patentability to claims to the known composi-
tion. In re Pearson, 494 F.2d 1399, 1403, 181 USPQ 641, 644
(CCPA 1974).
Although Kojima does not disclose a working example of
either a developer bath or developer prebath solution, Kojima
expressly teaches that triazolium thiolate compounds, as claimed
herein, may be incorporated into developer solutions and/or a
prebath therefor preferably in an amount of from 1 X 10 to-8
1 X 10 moles/L as nucleation accelerators. See Kojima at-3
column 13, line 58, to column 14, line 4. We recognize that the
appealed claims exclude any nucleating agent capable of
chemically fogging a negative-type silver halide emulsion, and
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007